USCIS Currently Accepting DACA Renewal Applications

daca

On September 5, 2017, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program was being terminated. The same day, USCIS was ordered to reject all initial and renewal DACA applications and associated work authorization requests. In the days following issuance of the announcement, lawsuits were filed across the country challenging termination of the program. Since then, two U.S. district courts have enjoined the termination of DACA for individuals who have previously held DACA status at any time. These courts have ordered USCIS to continue accepting DACA renewal applications from these individuals. However, for those who have never held DACA status, the courts have not yet required USCIS to continue to accept initial DACA applications, but this issue is still being litigated.

Therefore, if you have ever held DACA status before, you should submit your renewal application between 150 to 120 days before your DACA expiration date, so long as you meet the following criteria:

  • You must not have departed the U.S. on or after August 15, 2012, without first having been granted advance parole.
  • You must have resided continuously in the U.S. from the time you submitted the initial request for DACA up until the present time.
  • You must not have been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and must not otherwise pose a threat to national security or public safety.

 

If your DACA status has already expired, you can still submit a renewal application but you must fill out your DACA application as if you were applying for the first time and you must submit evidence that you meet each DACA eligibility requirement.

For more on DACA eligibility requirements see: https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca

DACA is generally a deferred action program, commenced during the Obama administration, that grants relief from deportation and eligibility for work authorization to approximately one million young adults who entered the U.S. before their sixteenth birthday and who have resided here continuously. DACA does not apply to anyone who has been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, or to anyone who would otherwise pose a threat to national security or public safety.